January 6th three years later : Trump's Trials This week on Trump's Trials, host Scott Detrow and Domenico Montanaro are joined by former Deputy Assistant Attorney General Harry Litman.

This week's focus: The Supreme Court officially takes up former President Donald Trump's appeal over Colorado's decision to disqualify him from the ballot. We also talk about how politics has changed in the three years after the January 6th attack on the Capitol. And we dive into the central question surrounding the federal January 6th election interference case — is Trump immune from criminal prosecution?

Topics include:
- Supreme Court decision to weigh in on Colorado disqualifying Trump from the ballot
- Presidential immunity
- Politics surrounding January 6th
- Trump & Biden campaigning on January 6th

Follow the show on Apple Podcasts or Spotify for new episodes each Saturday.

Sign up for sponsor-free episodes and support NPR's political journalism at plus.npr.org/trumpstrials.

Email the show at trumpstrials@npr.org.

The January 6th insurrection lies at the center of Trump's legal battles

The January 6th insurrection lies at the center of Trump's legal battles

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WASHINGTON, DC - JANUARY 06: Pro-Trump protesters gather in front of the U.S. Capitol Building on January 6, 2021 in Washington, DC. (Photo by Jon Cherry/Getty Images) Jon Cherry/Getty Images hide caption

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Jon Cherry/Getty Images

WASHINGTON, DC - JANUARY 06: Pro-Trump protesters gather in front of the U.S. Capitol Building on January 6, 2021 in Washington, DC. (Photo by Jon Cherry/Getty Images)

Jon Cherry/Getty Images

This week on Trump's Trials, host Scott Detrow and Domenico Montanaro are joined by former Deputy Assistant Attorney General Harry Litman.

This week's focus: The Supreme Court officially takes up former President Donald Trump's appeal over Colorado's decision to disqualify him from the ballot. We also talk about how politics has changed in the three years after the January 6th attack on the Capitol. And we dive into the central question surrounding the federal January 6th election interference case — is Trump immune from criminal prosecution?

Topics include:
- Supreme Court decision to weigh in on Colorado disqualifying Trump from the ballot
- Presidential immunity
- Politics surrounding January 6th
- Trump & Biden campaigning on January 6th

Harry's takeaway:

The Supreme Court is acting at 'warp' speed by taking on the Colorado case and scheduling oral arguments for the beginning of February...On the question of presidential immunity, it's extremely unlikely the appeals court is going to side with Trump that he has absolute immunity and therefore cannot be prosecuted for his actions on January 6th and efforts to overturn the 2020 presidential election. Trump's other argument that he is immune from prosecution because the Senate failed to convict him during his second impeachment hearing is 'ridiculous.' These are all tactics to further delay the case going to trial.

Domenico's takeaway:

It's been three years since the January 6th insurrection and Trump has been able use the events of that day to his advantage. A new Washington Post, University of Maryland poll found only 14% of Republicans said that Trump bears responsibility for that day. An even larger percentage believe, falsely, that the FBI was somehow behind it. This is something that three years ago we wouldn't have predicted because in the wake of the attack, there was some bipartisan consensus that Trump was, at the very least, partly responsible, if not fully.

Follow the show on Apple Podcasts or Spotify for new episodes each Saturday.

Sign up for sponsor-free episodes and support NPR's political journalism at plus.npr.org/trumpstrials.

Email the show at trumpstrials@npr.org.

This episode was produced by Tyler Bartlam and edited by Adam Raney and Steve Drummond. Audio engineering by Kwesi Lee. Our executive producers are Beth Donovan and Sami Yenigun. Eric Marrapodi is NPR's Vice President of News Programming.